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The CER operates within a system of checks and balances. Our decisions are subject to independent and impartial judicial oversight, generally through the Federal Court of Appeal and Supreme Court of Canada, and the CER is bound to act in accordance with the court’s decisions.

As part of our commitment to transparency, we share information about challenges to the CER’s decisions and recommendations to the Governor in Council in the database below. Challenges to previous National Energy Board decisions and recommendations are also included. The purpose is to provide Canadians with up-to-date information about the status of these legal challenges, regardless of the outcome.

The following information includes the status of litigation, appeals, and judicial reviews related to the CER or Governor in Council decisions. Where possible, the database provides a link to an external third-party controlled website, such as the Court database or an online version of the decision. It does not include civil claims or judicial reviews of administrative decisions. The database is searchable by project name, parties or filing date.

The applicant applied to judicially review the Board’s decision to approve the Project. Issues raised include the duty to consult and the assessment of environmental effects of exporting electricity.

TCPL Mainline operations and maintenance activity

Statement of Claim

Aroland First Nation and Ginoogaming First Nation v. National Energy Board, TransCanada PipeLines Limited and Attorney General of Canada

2017-01-05

Ontario Court of Justice
CV-17-567115

The applicants seek, among other things, injunctive and declaratory relief and damages for alleged breach of constitutional obligations to consult and accommodate related to TCPL’s plans to conduct integrity digs and other work in NW Ontario.

The Ontario Superior Court dismissed the plaintiffs’ partial summary judgment motion on 30 July 2018. The Court concluded that the motion cannot be fairly and justly decided using the summary judgment process and would require a full trial.

Trans Mountain Expansion Project Reconsideration

On 30 August 2018, the Federal Court of Appeal quashed Order in Council P.C. 2016-1069 and remitted the matter back to Governor in Council for prompt redetermination.

Twelve applicants applied individually for leave to judicially review GIC’s Order in Council PC 2019-0820, to re-issue approval of the Trans Mountain Expansion Project. The FCA granted 6 of the leave applications and dismissed 6 others on 4 September 2019. See 2019 FCA 224. Leave was limited to only the issue of the sufficiency of Crown consultation. The six applicants filed their Notice of Application on 11 September 2019. Stk'emlupsemc Te Secwepemc Nation and Upper Nicola Band filed Notices of Discontinuance on 4 November 2019. The new lead file is now A-324-19. The FCA dismissed the 4 remaining applications on 4 February 2020. See 2020 FCA 34. Squamish Nation, Coldwater Indian Band and Tsleil-Waututh Nation filed applications for leave to appeal with the Supreme Court of Canada on 3 April 2020.